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(a)Purpose. Unless otherwise provided by statute or by the provisions of this subchapter, this subchapter will govern the institution and final conclusion of proceedings followed in handling all adjudicative matters under the APA. Once the commission files the Request to Docket Case form with SOAH, SOAH acquires jurisdiction over a contested case, and a hearing conducted by SOAH on a contested case proceeding pending before the commission is governed by SOAH's rules of procedure. In the case of a conflict with rules in this chapter, SOAH's rules, 1 TAC Chapter 155, control after the filing of the Request to Docket Case form and until after final amendments or corrections to the proposal for decision. (b)Scope. These rules govern the institution, conduct, and determination of adjudicative proceedings required or permitted by law, whether instituted by the commission or by the filing of an application, claim, complaint, or any other pleading. These rules shall not be construed so as to enlarge, diminish, modify, or otherwise alter the jurisdiction, powers, or authority of the commission, the administrator, or the substantive rights of any person or agency.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the
agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on October 15, 2007
TRD-200704881 Loretta R. DeHay
General Counsel and Assistant Administrator
Texas Real Estate Commission
Earliest possible date of adoption: November 25, 2007
For further information, please call: (512) 465-3900
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